Terms of service

Cucumber Clothing Limited - Terms & Conditions of Sale

Application and eligibility

1. These terms and conditions of sale apply to all purchases made from the website of Cucumber Clothing Limited (“Cucumber”), www.cucumberclothing.com, so please read them carefully before submitting an order.
2. To be eligible to purchase our nightwear, you must (unless otherwise agreed with us in writing) be the holder of a valid debit/credit card. By placing an order, you warrant that this is the case and that all the information given to us by you about you and your order is true and accurate.
3. Nightwear purchased by you must be for personal use, or a gift, and must not be re-sold or used for commercial purposes.
4. Please note that (unless otherwise agreed with us in writing) we only deliver items to addresses in the United Kingdom and that payment for items ordered must be made in pounds sterling (and any refunds will be the same currency).
Acceptance of your order

5. Your submission of an order to purchase Cucumber nightwear represents an offer to purchase the items indicated by you and is not binding on us until we have notified you in writing that your offer is accepted. We may decline any order, for any reason whatsoever, prior to our acceptance of it.
6. After you submit an order, we will confirm receipt of your order by sending you a confirmation email to the email address you have provided us with. This confirmation email is only to acknowledge that your order has been received and does not constitute acceptance by us of your offer to purchase nightwear. Your offer is only accepted by us when we send you a delivery email to let you know that we have dispatched the items ordered by you.
7. We must receive full payment before we can accept any order. Prices and charges on our website are in pounds sterling. All prices are, unless otherwise stated, inclusive of value added tax.
8. Delivery times given are estimates and therefore to be used as a guide only.
Our exchanges and returns policy

9. Customer satisfaction is important to us and so we handle each customer query on an individual basis. We want you to be delighted with your purchase but, if you are not satisfied with any of our nightwear, we will happily exchange the item or offer you a full refund in accordance with our exchanges and returns policy set out in conditions 10 to 13 below.
10. You are able to exchange or return any purchase of our nightwear provided that: (a) the item is unused and still in its original condition (with the original packaging and garment tags still attached); and (b) you return the item to us within 14 days of it being delivered to you.
11. We will process your exchange or return as soon as reasonably practicable after receipt of the relevant item but please note that it can take up to 10 working days for refunds to be credited to your account.
12. The exchange or return of an item is free of postage charge.
13. Our exchange and returns policy does not affect your statutory rights in any way.

Your EU cancellation rights

14. If you are based in the European Union, you have the right to cancel any contract entered into with us to buy nightwear under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Under the Regulations, you can cancel a contract within 14 days without giving any reason.
15. To exercise this right, you must inform us of your decision to cancel the contract by sending an email to [email protected]. You may use a cancellation form to do this if you wish (but you are not obliged to use this form).
16. If you cancel a contract, you must return the relevant nightwear to us within 14 days (at your cost), unused and still in its original condition (with the original packaging and garment tags still attached). Provided you do this, we will then reimburse you all payments received from you in respect of the cancelled contract within 14 days after the day on which we receive the nightwear.
17. We will make this reimbursement using the same means of payment as you used for the initial transaction.
18. For the avoidance of doubt, our free returns policy (set out in conditions 10 to 13 above) does not apply to contracts cancelled under the Regulations.
Disclaimers

19. We try to ensure that all information on our website, such as prices, imagery, descriptions, and stock availability are accurate and correct at the time of purchase and viewing. However, because we have such a generous exchanges and returns policy, as set out in conditions 10 to 13 above, we make no warranties in relation to the accuracy of our website or the quality of our nightwear and any warranties which would otherwise be implied are excluded to the fullest extent permissible by law.
20. Nothing within these conditions operates so as to exclude, limit or restrict our liability for death or personal injury or to affect your statutory rights as a consumer.
Free Delivery Promotions

21. Any free delivery promotions are subject to our right, at any time, to: (a) cancel the promotion, (b) cancel or refuse any individual's right to benefit from it; and/or (c) amend the terms and conditions of the promotion.
General

22. We will not be responsible for the performance of any obligations under these terms and conditions in the case of an event outside our reasonable control (force majeure), including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.
23. We will retain ownership in any item of nightwear until you have paid for it in full. Ownership will revert to us if we refund any such payment to you.
24. All notices, which we need to give to you under these terms and conditions, will be sent by us to your registered e-mail address. Any requirement in these terms and conditions to give notice in writing includes giving notice by email.
25. These terms and conditions set out the entire agreement between you and us in respect of the sale, purchase and use of Cucumber nightwear.
Governing Law
26. These terms and conditions and all issues regarding your purchase of our nightwear are governed by English law and all disputes shall be determined exclusively by the English Courts.